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CIVREV - I. Persons & Family Relations - Coggle Diagram

- - - - Presumption of Knowledge of Laws
        
        Domestic Laws - Ignorantia legis eme eme, ignorance of the law does not excuse compliance.
        
        XCPN - If doubtful or difficult question of law, may be the basis of good faith solutio indebiti (Art. 2155 NCC)
        
        Foreign Laws - No conclusive presumption of knowledge of foreign laws. Instead, must be pleaded and proven before local courts.
        
        Processual Presumption - Or the presumed identity approach. If no proof, presumed that foreign law is same as local law.
        
        Waiver of Rights (Sanico v. Colipano) - Must comply with ff requirements:
        
        (1) POSSESSES - that the person making the waiver possesses the right;
        
        (2) CAPACITY TO DISPOSE - that he has the capacity and power to dispose of the right;
        
        (3)CLEAR/UNEQUIVOCAL - that the waiver must be made in a clear and unequivocal manner, although it may be made expressly or impliedly; and
        
        (4) NOT CONTRARY - that the waiver is not contrary to law, public policy, public order, morals, good customs, or prejudicial to a third person with a right recognized by law.
      - Repeal of Laws - Can be express or implied.
        
        Express Repeal - Special provision of a subsequent law (repealing clause) but, must identify or designate the particular or specific law to be repealed. (CIR v. Primetown)
        
        Implied Repeal - If the subsequent law is incompatible and no express law. Subject to rpesent of ff requirements:
        
        Same Subject Matter - both laws
        
        Repugnant - Later law is repugnant to earlier one.
        
        Effects of Judicial Decisions - Forms part of the legal system of the Philippines but, only SC decisions. (Miranda v. Imperial)
        
        Retroactive Application -
        
        GR - Because only interpretation of an existing law, SC decisions always have a retroactive effect. (Team Energy Corp v. CIR)
        
        XCPN - If a new doctrine is adopted resulting in overruling an old one, this is not retroactive. (People v. Jabiral)
        
        Stare Decisis (Tan Chong v. SOLE) - a point of law already established will, generally, be followed by the same determining court and by all courts of lower rank in subsequent cases where the same legal issue is raised.
        
        For stability but, SC (not lower courts, as enjoined to follow) may abandon doctrine
        
        XCPN (People v. Gumabon) - if in crim cases, retroactive effect if beneficial to the accused.
        
        Effect of Repeals -
        
        Express - if repealing law is repealed, no restoration of previous one UNLESS expressly provided. (Ch. 5 book 1 Sec. 1 admin code)
        
        Implied - Old law is brought back unless otherwise provided. (Ch. 5 book 1 admin code)
    - - Immediate Effectivity (Tanada) - If law provides effective immediately upon approval this is immediately upon completion of publication i.e., pwede even before 15 days but after publication
    - - Ex. 1 Calendar month from Dec. 31 2007 is Jan 1 to Jan 31. From Jan 31, until Feb 1 to Feb 29.
      - Counting Periods - First day is EXCLUDED, last day is INCLUDED.
  - - - Nationality Principle (NCC 15) -
        
        GR - Status, condition, legal capacity and family rights and duties governed by the national law of hte person concerned. (NCC 15)
        
        XCPN - Lex Loci Rei Sitae where title and disposition of property governed by where family is located.
        
        Injustice Exception - Forum state may refuse to apply foreign law if against public policy.
        
        Lex Rei Sitae/Situs (NCC 16) -
        
        GR - Applies regardless if personal or real. Generally, law where the property is located governs.
        
        XCPN - National law of the decedent applies in cases of succession regarding:
        
        Order
        
        Amount
        
        Intrinsic Validity of the provisions of the will - This covers preterition, as issue relates tot he intrinsic validity of the testamentary provisions such that absence
        
        Capacity to Succeed
        
        Lex Loci Celebrationis (NCC 17 & 815) -
        
        GR - Forms and solemnities of wills (extrinsic validity) governed by the laws in which they are executed.
        
        XCPN - Joint wills executed by Filipinos are void even if in foreign country.
        
        Lex Contractus - Walang conflict of law rule
        
        GR - the intrinsic validity of a contract must be governed by the lex contractus or "proper law of the contract."
        
        This is the law voluntarily agreed upon by the parties (lex voluntatis) or the law intended by them either expressly or implicitly (lex intentionis)
        
        XCPNS - If no choice was made expressly or impliedly then either is applied to determine which law to apply
        
        Significant Relationship - Law of the state that has most significant relationship to parties and transaction
        
        Lex Solutionis - Law of the place of the performance.
        
        Extrinsic Validity - lex loci celebrationis BUT if the contract involves ACQUISITION of real properties, still lex rei sitae
        
        Marriages (FC 26) -
        
        GR - Filipino marriages celebrated abroad, lex loci celebraitonis
        
        XCPNS - Void marriages under the family code
        
        XCPN 2 XCPN - Those outside the enumeration of Articles 35 (1), (4), (5) and (6), 36 37 and 38. (17a)
        
        Art. 35.
        
        (1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
        
        (4) Those bigamous or polygamous marriages not failing under Article 41;
        
        (5) Those contracted through mistake of one contracting party as to the identity of the other; and
        
        (6) Those subsequent marriages that are void under Article 53.
        
        Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.
        
        Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)
        
        Art. 37. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:
        
        (1) Between ascendants and descendants of any degree; and
        
        (2) Between brothers and sisters, whether of the full or half blood. (81a)
        
        Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
        
        Incest
        
        Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse. (82)
  - - - Definition - Juridical capacity. Fitness to be subject to legal relations or, w'/n someone may be a subject of rights and obligations.
        
        Thus, if no civil personality can acquire no rights and incur no obligations.
        
        Capacity to Act - Power to do acts with legal effect.
        
        Juridical capacity and capacity to act are distinguished, as follows:
        
        (I) the former is inherent in every natural person, while the latter is not inherent but may only be acquired:
        
        (2) the former may only be lost (in the case of natural person ) through death; while the latter may be lost through other means: and
        
        (3) the former cannot be limited or restricted; while the latter can be limited or restricted.
        
        Capacity of Natural Persons - Birth determines civil personality. But, fetus is considered born if:
        
        7 Months - It is alive at the time it is completely delivered from the mother's womb (or after the cutting of the umbilical cord), if the fetus had an intra-uterine life of at least seven months; or
        
        Less than 7 Months - It survives for at least 24 hours after its complete delivery from the maternal womb, if it had an intrauterine life of less than seven months.
        
        Capacity of Juridical Persons - Rules depend on the type of juridical person.
        
        State/Political Subdivisions/Entities for public interest o purpose - personality begins as soon as they law have been constituted according to law.
        
        Private Corporations - deemed incorporated from the date the Securities and Exchange Commission issues a certificate of incorporation under its official seal.
        
        Partnership - Once twin requisites of:
        
        Intent to divide profits
        
        Two or more persons bind to contribute money/prop/industry to common fund
        
        Sole Proprietorship - No separate juridical personality.
        
        Rules on Survivorship - Rules depend if the issue is succession or not.
        
        Succession Related (NCC 43) - Applies when all requisites are present: (1) Question of survivorship involves heirs; (2) Issue involves transmission of successional rights
        
        (i) whoever alleges the death of one prior to the other shall prove the same; and
        
        (ii) in the absence of proof, the law presumes that both had died at the same time and that there shall be no transmission of rights from one to the other.
        
        Non-Succession - Presumption of survivorship under the Rules of Court apply if two persons perish in the same incident and no particular circumstances by which it can be inferred that one person died before the other.
        
        (I) If both were under the age of 15 years, the older is deemed to have survived;
        
        (2) If both were above the age of 60, the younger is deemed to have survived;
        
        (3) If one is under 15 and the other above 60, the former is deemed to have survived;
        
        (4) If both be over 15 and under 60, and the sex be different, the male is deemed to have survived; if the sex be the same, the older; and
        
        ( 5) If one be under 15 or over 60, and the other between those ages, the latter is deemed to have survived., ..
        
        Capacity of a Conceived Child - but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later subject to conditions under NCC 41.
        
        Effect of Civil Personality of a Conceived Child - Can acquire rights, but, cannot incur obligations. It has the following rights:
        
        Right to be a donee of simple donations, but acceptance shall be made by persons who would legally represent him if he were already born;
        
        Right to receive support from his progenitors; - Kaya damay conceived children under FC 195
        
        May not be ignored by his parents in their testament; otherwise, it may result in preterition of a forced heir that annuls the institution of the testamentary heir, even if such child should be born after the death of the testator
        
        May be designated as beneficiary in an insurance policy.,
        
        Note, determining civil personality of the unborn child is needed only if it is the issue involved i.e., if the child acquired any rights or assumed obligations and so on.
        
        Death - Death extinguishes civil personality. Thus dead people cannot sue nor be sued (pwede estate doe)
        
        Art. 2206 - Derivative action so CoA is from the dead person. This is why unborn children cannot recover on the basis of 2206
        
        age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship.
        
        The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion.
        
        A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. (n)
      - D. Marriage
        
        Definition/Concept of Marriage - special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. (FC 1)
        
        Requisites for a Valid Marriage - Can be subdivided into formal and essential requisites.
        
        Effect of Absence of Requisites -
        
        GR - Total absence of capacity, authority or marriage license renders marriage void.
        
        XCPN -
        
        Absence of authority of solemnizing officer, if good faith belief that there was authority (mistake of fact NOT mistake of law) still valid marriage.
        
        No consent - No marriage in the first place as marriage is a contract. (ex. mistake of identity)
        
        No Ceremony - No marriage at all
        
        Marriages Solemnized Abroad -
        
        GR - Valid if solemnized in accordance with laws in force at the country
        
        XCPNS - Prohibited marriages under:
        
        FC 35 1,4-6
        
        FC 36
        
        FC 37
        
        FC 38
        
        Void Marriage vs No Marriage -
        
        No marriage - cancellation/correction Rule 108
        
        Void marriage - declaration of nullity
        
        Effects of Defects in Requisites -
        
        Defect in Consent (FC 4) - Defect in any of the essential requisites renders marriage voidable but, legal capacity cannot be defective.
        
        Formal Requisites (FC 4) - Marriage is valid but, parties involved may be liable.
        
        Essential Requisites
        
        Capacity to Contract Marriage - Determined by national law, thus for foreigners they must submit certificate of legal capacity to contract from diplomatic/consulate officials (NCC 21)
        
        18 years
        
        No Legal Impediment under FC 37 or 38 or previous marriage
        
        Parties must be male/female - Therefore no same sex marriage. (But if foreign national marriage pwede naman parecognize dito)
        
        Consent - Personal declaration that they are taking each other as husband and wife. If given during the marriage ceremony and no defect, marriage is valid regardless of intent.
        
        Sex Reassignment Surgeries (Silverio v. Republic) - Sex of a Filipino determined at birth and may not be changed by sex reassignment surgery.
        
        But, if doubt re: genitals as when high male hormones in female body, determining factor in gender classification is what individual after reaching age of majority thinks their sex is.
        
        Formal Requisites
        
        Marriage License -
        
        To be considered void on the ground absence of a marriage license, the absence of such marriage license must be apparent on the marriage contract or, supported by certification from registrar.
        
        Certification - Must categorically state that document does not exist despite diligent efforts.
        
        Civil v. Criminal Case - If civil action for declaration of nullity, certification is sufficient as there is presumption of regularity of duties.
        
        If criminal, there must be evidence in addition to the same as presumption does not meet quantum of proof required.
        
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        Absolute Divorces (NCC 15/17) - If two Filipinos cannot obtain divorce, even abroad. But, if mixed marriage pwede regardless of who initiates pursuant to RP v. Manalo.
        
        Void Marriages - Those marriages inexistent from the beginning. Thus, it has the following features:
        
        Collateral Attack - Courts may pass upon validity of a marriage if essential to the determination of the case.
        
        Can be questioned even after death - Void marriage can be assailed even after death of one of the parties
        
        BUT under FC a petition for dec of nullity can be filed only during the lifetime of the spouses.
        
        After Death of both spouses, can be collaterally attacked in estate proceedings.
        
        Imprescriptible -
        
        Subject to Attack - Because collateral, any interested party mat collaterally attack.
        
        Personality to File - But, if direct attack via petition for dec of nullity, then only spouses or, aggrieved spouse in bigamy in prior marriages (David v. Calilung).
        
        Effect of Void Marriages -
        
        Not Spouses - Thus, no obligation to support and no successional rights.
        
        Remarriage - Book says must be judicial declaration to remarry (FC 40) for no bigamy but, under Pulido ruling no need.
        
        Status of Children -
        
        GR - Illegitimate
        
        XCPN - Those born under Art. 36 (Psch incap) and Art. 53 (Void Marriage after declaration of nullity due to failure to follow FC 52 (distribution of properties)
        
        On Property Relations -
        
        GR - Art. 148 pag void in general;
        
        XCPN - FC 40 bigamous void marriages are governed by ACP or CPG pending declaration of nullity.
        
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        Enumeration of Void Marriages -
        
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        Voidable Marriages - Valid marriages until set aside by final judgment in an action for annulment. Thus, it produces distinct effects in comparison to void marriages.
        
        Ratifiable - Generally can be ratified by cohabitation except for Art. 45 par. 5 (Incapable of Consummating) & par. 6 (STD concealment)
        
        No Collateral Attack
        
        Lifetime Limitation - a voidable marriage can
        be assailed only during the lifetime of the parties. After death, marriage is valid.
        
        XCPN -
        
        Lack of parental consent, prescribes in (5) years from attainment of age 21.
        
        Concealment - Injured party has (5) years from date of marriage/cessation of force/marriage
        
        Subject to Prescription
        
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        Reckoning Point for Citizenship - Citizenship at the time the valid divorce was obtained pursuant to Art. 26 par. 2 of the FC.
        
        Regaining Capacity of Filipino Spouse - Conflicting rulings. But, under Sarto case no need for separate petition for judicial recognition of foreign divorce instead, PH courts may recognize the decree once a party invokes it as a claim or defense.
        
        Once foreign divorce is proven valid, may capacity na ulit and can contract subsequent marriage.
        
        Rights and Obligations of Spouses -
        
        Obligation to Live Together - Unless, living abroad or valid reason.
        
        If spouse leaves without just cause, innocent spouse can either give support by receiving maintaining guilty one in the family dwelling or, terminate legal support.
        
        Observe Mutual Love respect and Fidelity -
        
        Mutual Help and Support -
        
        Rule on Profession/Activity - If the other spouse objects to the exercise of any profession or activity that the court finds proper, liability borne by the ACP/CPG or, against the separte property of the spouse (if accrued to the family after objection)
        
        Use of Surnames/Change of Name/Absence - https://docs.google.com/document/d/1Cz3bUglwEZTEJLAtJ4Lq4JcfZfzfbvjwY1ZcdNtOL0E/edit#heading=h.4hm8yz8jyupn
        
        Principles on Marriage
        
        Governed by Law
        
        GR - Nature, consequences, and incidents of marriage governed by law. Not subject to stipulation.
        
        XCPN - Property relations via marriage settlements, within FC limits. (Art. 1 FC)
        
        Separation of Church and State (Tilar v. Tilar) - Marriages solemnized under Canon law produce legal effects in the Philippines and are governed by law.
        
        Presumptions favoring Marriage
        
        if man & woman deport themselves as husband and wife presumed married unless counter-presumption or evidence
        
        Law favors validity of marriage, burden is to prove invalidity/nullity (Hernandez v. CA)
        
        Constitutional Protections -
        
        Art. 2 Sec. 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.
        
        Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State. (Art. 15, Sec. 2)
        
        Property Relations in General -
        
        GR - Marriage settlement in writing, executed before marriage governs.
        
        XCPNS - In the absence of one, either CPG or ACP.
        
        CPG - If before the FC
        
        ACP if after the FC.
        
        Marriage Settlement - Must be registered in the local civil registry to be enforceable against third persons.
        
        If party is at least 18-21, The person whose consent is necessary must be a party to the marriage settlement or else void
        
        If suffering from civil interdiction, Guardian appointed must be a party or else void
        
        Donations Propter Nuptias - These are made by reason of marriage, with the ff elements:
        
        Made in consideration of marriage
        
        In favor of one or both of the future spouses
        
        Made before the celebration of the marriage.
        
        Real Property - Donation and acceptance must be in public instrument, otherwise void
        
        Personal Property - Must be in writing if it exceeds P5,000 otherwise void.
        
        Grounds for Revocation of Donations Proper Nuptias -
        
        Non-Celebration of Marriage
        
        Void Marriage - Generally revocable. Becomes void if void under Art. 40 and donee is in bad faith.
        
        Annulment of Marriage
        
        Legal Separation - If the donee is the guilty spouse
        
        Ingratitude under NCC 765
        
        Donation subject to a resolutory condition
        
        Donations During Marriage -
        
        GR - donation between the spouses during the marriage, whether made directly or indirectly, shall be void regardless of the property regime. This covers persons living together as husband and wife
        
        XCPN - Moderate gifts on occassion of family rejoicing.
        
        Distinction of Donor
        
        Donor is Other Spouse - Subject matter donated can be either PRESENT property OR FUTURE property.
        
        Donor is Third Party - Subject matter donated may ONLY be PRESENT property.
        
        Absolute Community of Property (ACP) - Spouses become joint owners of all the properties of the marriage.
        
        Co-ownership provisions govern suppletorily
        
        Conjugal Partnership of Gains - The husband and the wife place in a common fund the proceeds, products, fruits, and income from their separate properties and those acquired by either or both spouses through their efforts or by chance
        
        Partnership provisions govern suppletorily
        
        Inclusions/Exclusions -
        
        Inclusions -
        
        Acquired by Onerous title at the expense of the common fund
        
        Property obtained during the marriage from the labor, industry, work or profession of either or both spouses.
        
        Fruits from conjugal properties and net fruits from the separate properties
        
        Principal and interest payable in installments: If credit is payable within a period of time
        and belongs to one of the spouses
        
        Hidden Treasure
        
        Those acquired through chance and gambling except losses
        
        Livestock existing in excess of the number of each kind brought to the marriage by either
        spouse
        
        Exclusions - Art. 109. The following shall be the exclusive property of each spouse:
        
        (1) That which is brought to the marriage as his or her own;
        
        (2) That which each acquires during the marriage by gratuitous title;
        
        (3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and
        
        (4) That which is purchased with exclusive money of the wife or of the husband. (148a)
        
        Presumption of Co-Ownership (FC 116) -
        
        GR - properties acquired during the marriage, are presumed to be conjugal.
        
        Note: Presumption applies only when there is proof that the property was acquired DURING marriage.
        
        XCPN - It is proven that:
        
        i) it is acquired by gratuitous title;
        
        (ii) it is acquired by right of redemption, by barter, or by exchange with property belonging to only one of the spouses;"' or
        
        (iii) it is purchased with exclusive money of the wife or of the husband
        
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        Complete Separation of Property
        
        Other Property Regimes -How to determine if a void marriage falls under 147 of 148? → look at the ground.
        
        If void on the ground of incapacity to marry - 148
        
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        Commencement of Community of Property - can only commence at the precise moment that the marriage is celebrated.
        
        Stipulations as to other periods is void (FC 107/88)
        
        Inclusions/Exclusions
        
        Inclusions - Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter
        
        Exclusions - Art. 92. The following shall be excluded from the community property:
        
        (1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property;
        
        (2) Property for personal and exclusive use of either spouse.
        
        XCPN - However, jewelry shall form part of the community property;
        
        (3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. (201a)
        
        Obligations of the Community Property -
        
        Support - Liable for the support of the spouses, common children, and legitimate children of each spouse.
        
        Illegitimate - Only separate property of the spouses liable. If no separate property, deducted from their share in
        
        the ACP/
        
        CPG assets (subject to financially capable and
        
        subject to reimbursement by the spouse in question.
        
        Administration/Management of Community or Conjugal Property -
        
        GR - The administration of community or conjugal property belongs to both spouses jointly.
        
        XCPN - Disagreement, the husband's decision shall prevail and he can validly enter into contracts (involving administration) without the consent of the wife.
        
        XCPN 2 XCPN - If the contract causes economic injury tot he family,wife may seek rescission of the contract within 5 years.
        
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        Antenuptial Debts - Obligation of the marriage if redounded to the benefit of the family.
        
        If not redound, exclusive property or same rules as illegitimate children as advances.
        
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        However, if the obligor has no separate property, the absolute community, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community.507
        
        In conjugal partnership, in case the obligor has no separate property, such obligation may be enforced against the partnership assets, iffinancially capable, but only after the obligations of the conjugal partnership enumerated in Article 121 of the FC have been covered; but at the time of the liquidation of the partnership, such spouse shall be charged for what has been paid for said purpose.
        
        E. Family Relations/Family Home
        
        F. Paternity and Filiation
        
        Paternity - Civil Status of a father in relation to the child
        
        Filiation - Civil status of child in relation to their parents.
        
        G. Adoption - https://coggle.it/diagram/YnPInbpD2_LEBDco/t/specpro-meeting-5-rule-91-adoption
        
        H. Legal/Family Support - that which is provided by law, comprising everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.
        
        I. Parental Authority/Patria Potestas - parents rightfully assume control and protection of their unemancipated children to the extent required by the latter's needs.
        
        a mass of rights and obligations which the law grants to parents for the purpose of the children's physical preservation and development, as well as the cultivation of their intellect and the education of their heart and senses
        
        rights of the parents are but ancillary to the proper discharge of parental duties to their children under parental authority
        
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        Who are Obliged to Support - Obliged to support each other
        
        Spouses - Must be legitimate
        
        Adultery - may be claimed as an affirmative defense, but if in pari delicto, it cannot be raised.
        
        Legitimate ascendants and descendants -
        
        Liability to give support to their legitimate grand children is activated upon default of parental authority AND/OR inability to provide sufficient support.
        
        Parents and their children whether leg/illeg
        
        Legitimate brothers and sisters
        
        Legitimate Brothers and sisters whether full or half blood
        
        Illegitimate Brothers and sisters - UNLESS sibling is of legal age and needs support due to their fault or negligence.
        
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        Kinds of Filiation -
        
        Natural - By reason of blood relationship, which is either legitimate or illegitimate filiation, which includes artificial insemination
        
        Artificial - Through adoption.
        
        Kinds of Natural Filiation -
        
        Legitimate - If conceived OR born during a valid marriage
        
        Illegitimate - If conceived AND born outside of a valid marriage.
        
        GR -Considered illegitimate children.
        
        XCPN - Void marriages under psychological incapacity or, Non-Registration / Partition / Legitime
        
        Legitimated Children (FC 177-182) - upon legitimation, the child's status becomes "legitimate." Prior thereto, the child is illegitimate
        
        Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation. (270a)
        
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        Artificial Insemination (FC 164) - Considered legitimate if:
        
        Both husband and wife authorized or ratified such insemination in a written instrument
        
        Such instrument is executed and signed before the child is born
        
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        Presumption of Legitimacy FC 164 - a child conceived or born by the wife during a valid marriage is presumed to be legitimate,m meaning, presumed a child also of the husband.
        
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        Rights of Legitimate Children (FC 174) -
        
        SURNAMES - of the father and the mother, in conformity with the provisions of the Civil Code on Surnames;
        
        SUPPORT - from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of this Code on Support; and
        
        SUCCESSIONAL RIGHTS - be entitled to the legitimate and other successional rights granted to them by the Civil Code. (264a)
        
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        Extent of Family Relations - Covers
        
        Husband and wife
        
        Parents and Children,
        
        Ascendants and Descendants,
        
        Brothers and sisters, whether full or half-blood.
        
        Nature of Enumeration (FC 151) -
        
        Exclusive in Nature
        
        Collateral blood relatives - considered strangers
        
        Relatives by Affinity - Not covered under the Family Code.
        
        Earnest Efforts towards compromise (151) - In cases of suits between members of the same family, there must be a prior earnest towards a compromise; otherwise, the case must be dismissed.
        
        Failure to Comply - Renders complaints between family members premature, but is an affirmative defense not lack of jurisdiction.
        
        Scope of Prohibition - Does not apply to suits which involve strangers i.e., if may stranger na party to need.
        
        Similarly, covers enumeration under FC 150, which excludes relatives by affinity and nephews and nieces.
        
        Exceptions - Does not apply to cases under NCC 2035, which are cases not subject to compromise which are:
        
        (1) the civil status of persons;
        
        (2) the validity of a marriage or a legal separation;
        
        (3) any ground for legal separation;
        
        (4) future support;
        
        (5) the jurisdiction of courts; and
        
        (6) future legitime.
        
        The Family Home - a real right which is gratuitous, inalienable, and free from attachment, constituted over the dwelling place and the land on which it is situated. It confers upon a particular family the right to enjoy such properties
        
        Generally, cannot be seized by creditors.
        
        Benefits of the Family Home - exempt from execution, forced sale, or attachment provided that the following requirements are met:
        
        Constituted - In the manner provided for in the FC.
        
        A family home is deemed constituted on a house and lot from the time it is actually occupied as a family residence
        
        By Whom Constituted - There must be proof that the alleged family home was constituted jointly by the husband and wife or by an unmarried head of a family
        
        Number of Family Homes - There can be only one family home.
        
        Place of Construction - family home must be part of the properties of the absolute community or the conjugal partnership, or of the exclusive properties of either spouse with the latter's consent, or on the property of the unmarried head of the family."''
        
        It cannot be established on property held in co-ownership with third persons.
        
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        Occupancy after Constitution (Manacop v. CA) - The actual occupancy must be by any beneficiary; hence, actual occupancy by maids and overseers is not sufficient.
        
        Exceptions to Protection (FC 155) - Even if duly constituted as a family home, it is not exempt from execution, forced sale, or attachment for the following claims:
        
        (1) Non-payment of taxes;
        
        (2) Debts incurred prior to the constitution of family home;
        
        (3) Debts secured by mortgages on the premises before or after such constitution.
        
        ( 4) Debts due to laborers, mechanics, architects, builders, materialmen, and others who have rendered service or furnished material for the construction of the building.
        
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        Duration of Exemption/Death - If there are beneficiaries who survive and are living in the family home, it will continue for 10 years, unless at the expiration of 10 years, there is still a minor beneficiary, in which case the family home continues until that beneficiary becomes of age.
        
        Who are Beneficiaries -
        
        Husband and Wife/Unmarried person who is the head
        
        Their parents, ascendants, descendants, brothers, and sisters, living int he family home and dependent upon the head for support.
    - - Breach of Promise of Marriage -
        
        GR - breach per se is not an actionable wrong.
        
        Under Art. 20/21 generally no because not contrary to law nor contra bonos mores.
        
        XCPNS - if liable contrary to morals or good customs (not public policy since la naman ganon sa law)
        
        Seduction - If promise to marry to seduce into sex, liable for damages under NCC 21. (Hermosisima v. CA)
        
        Good Customs - Wedding expenses and all + Wassmer v. Velez
        
        Action in Rem Verso - Action to recover what has been paid or delivered without just cause or legal ground via Art. 22.
        
        Every person who, through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.
        
        NCC 27; Liability for Damages - Presupposes that the refusal/omission is attributable to malice or, inexcusable negligence.
        
        (1) that the defendant be a public official charged with the performance of official duties;
        
        (2) that there be a violation of an official duty in favor of an individual;
        
        (3) that there be willfulness or negligence in the violation of such official duty; and
        
        Gross inexcusable negligence refers to negligence characterized by the want of even the slightest care, acting or omitting to act in a situation where there is a duty to act, not inadvertently but willfully and intentionally, with conscious indifference to consequences insofar as other persons may be affected.
        
        Malice connotes ill will or spite and speaks not in response to duty but merely to injure the reputation of the person defamed, and implies an intention to do ulterior and unjustifiable harm.
        
        (4) that there be an injury to the individual.
        
        Unfair Competition Tort NCC 28 - public injury or interest is a minor factor; the essence of the matter appears to be a private wrong perpetrated by unconscionable means
        
        ( 1) it must involve an injury to a competitor or trade rival, and
        
        (2) it must involve acts which are characterized as "contrary to good conscience," or "shocking to judicial sensibilities," or otherwise unlawful; in the language of our law, these include force, intimidation, deceit, machination, or any other unjust, oppressive, or high-handed method.
        
        Civil Liability and Acquittal -
        
        Accused not the author of the crime - Rule 111.2 provides that if accused is not the author of the act omission, no civil liability (ex delicto)
        
        But, this does not extinguish civil liability for the same act based on quasi-delict.
        
        Acquittal based on reasonable doubt - NOT exempt from civil liability ex delicto but instead, falls under NCC 29.
        
        Independent Civil Actions -
        
        GR - Civil action instituted with criminal action. If crim action filed after civil, the civil is suspended until crim is finally resolved OR it is consolidated.
        
        XCPNS -
        
        (1) waives the civil action;
        
        (2) reserves the right to institute it separately; or
        
        (3) institutes the civil action prior to the criminal action.
        
        No Criminal Action Instituted - If no crim action but civil liability from a criminal offense, only preponderance of evidence is required.
        
        Civil Actions not based on Delict - If based on an obligation not arising from felony, may proceed independently of criminal proceedings.
        
        Independent Civil Actions The offended party is authorized to bring an independent civil action in the cases provided for in Articles 32, 33, 34, and 2176 of the Civil Code. It shall proceed independently of the criminal action and shall require only a preponderance of evidence.
        
        Double Recovery - In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action. 1
        
        Art. 32 - Public officer
        
        Art. 33 - Defamation/fraud
        
        Prejudicial Questions - Issue raised in a pending civil case which determines the guilt or innocence of the accused.
        
        I) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action; and
        
        (2) the resolution of such issue determines whether or not the criminal action may proceed
        
        Effect on Other Proceedings
        
        Administrative - Does not affect either civil/criminal proceedings.
        
        Civil/Criminal - Prejudicial questions may be raised in civil/criminal proceedings.
        
        If two of the same type either res judicata or double jeopardy.
        
        Generally, must be civil v criminal but, In Abacan, J,: prejudicial question even when there was no criminal case involved therein.
        
        The cases involved were a case for nullification of election of directors before the Securities and Exchange Commission (SEC) and a civil case for damages and attachment before the RTC.
        
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        Human Relations Torts - https://coggle.it/diagram/X60lsvOtsZyMFdIy/t/torts-week-8-human-relation-torts
        
        Distinguished from Solutio - A: Similarities:
        
        (1) In both, the plaintiff suffered a loss;
        
        (2) In both, the defendant is correspondingly enriched;
        
        (3) In both, the enrichment of the defendant is not justified because the delivery or payment to him is without legal or just cause;
        
        (4) In both, the defendant has the obligation to return what was unduly delivered or paid; and
        
        (5) In both, the purpose is to prevent unjust enrichment.
        
        Distinctions:
        
        An accion in rem verso cannot prosper if the plaintiff has other available legal remedy under contract, quasi-contract, delict or quasi-delict.
        
        In solutio indebiti, delivery is by reason of mistake of fact or mistake in law (doubtful or difficult) whereas in rem verso if NOT any of these reasons.
        
        Article 2155. Payment by reason of a mistake in the construction or application of a doubtful or difficult question of law may come within the scope of the preceding article. (n)
        
        Solutio -
        
        GR - Mistakes of fact or mistakes of law na doubtful
        
        XCPN - Not solutio if mistake of law in general.
        
        Mistake of Law -
        
        GR - If ordinary, treated as mistake of fact under Art. 3
        
        XCPN - Pwede maging solutio if difficult/doubtful
        
        Requirements - Has the following requirements
        
        (1) defendant has been enriched;
        
        (2) plaintiff has suffered a loss;
        
        (3) enrichment of the defendant is without just or legal ground; and
        
        (4) plaintiff has no other action based on contract, quasi-contract, crime, or quasidelict.
      - Effect of Breach - Liable for damages under NCC 21 or 22.
        
        NCC 20 - Applies to willfil and negligent acts CONTRARY to law.
        
        NCC 21 - Willful acts CONTRA BONOS MORES (morals/good customs/public policy)
        
        Distinguished from 2176 - 2176 applies if does not arise from pre-existing contract or law.
        
        Article 21. Any person who wilfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.
        
        Article 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.
        
        Extra-Contractual Obligations
        
        Quasi-Contracts
        
        Quasi-Delicts
        
        Air France Doctrine - the act that breaches the contract is also a tort or quasi-delict itself
      - Damnun Absque Injuria - Proper exercise of a legal right cannot constitute a legal wrong.
        
        in order that the law will give redress for an act causing damage, that act must be not only hurtful, but wrongful. There must be damnum et injuria. If, as may happen in many cases, a person sustains actual damage, that is, harm or loss to his person or property, without sustaining any legal injury, that is, an act or omission which the law does not deem an injury, the damage is regarded as damnum absque injuria.
        
        Abuse of Right - A legal right may become a source of illegallity if, exercised in a manner contrary to norms of human conduct AND + results in damage to another. Must have the ff elements:
        
        Legal Right and Duty
        
        Exercised in bad Faith
        
        Sole intent of injuring another